Proceeding to terminate parental rights pending adoption; hearing; grounds; dismissal of petition; judgment.§ 63.089
40 opinions cite § 63.089
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C.G. v. R.C. 1D18-4552 · 1st DCA 2019
…parental rights to R. pending their petition for stepparent adoption, was predicated on a complex, interlocking interpretation of the factors in section 63.089, Florida Statutes (2017). Those factors placed on Appellants multiple, overlapping burdens to prove by clear and convincing evidence not only that Appellee’s…
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A.M. v. D.S. 1D19-1855 · 1st DCA 2021
Termination and permanent guardianship reversed because a Chapter 63 adoption-related case was decided under Chapter 39 without notice, violating the father's due process.
…upon clear and convincing proof of certain statutory factors—a TPR proceeding under chapter 63 is in furtherance of and service to the adoption itself. Cf. § 63.089, Fla. Stat. (setting out procedures for the termination of parental rights “pending adoption,” and indicating that a “judgment terminating parental rights…
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V.C.B. v. Shakir 145 So. 3d 967 · 4D14-1292 · 4th DCA 2014
· cited by 3 in all courts
…denying their petition to terminate the father’s parental rights and to adopt their grandchild. They argue that the trial court erred in interpreting section 63.089, Florida Statutes (2014) and Florida case law to require a finding that the father exhibited a willful disregard for the child’s safety prior to terminating…
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In re Baby R.P.S. 942 So. 2d 906 · 2D05-2582 · 2nd DCA 2006
· cited by 1 in all courts
…pending adoption does not apply to cases, such as this, where the father has failed to comply with the registration requirements of section 63.062. See § 63.089(3). [2] Section 63.089(3) provides that "[t]he court may enter a judgment terminating parental rights pending adoption if the court determines by clear and…
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J.C.J. v. Heart of Adoptions, Inc. 942 So. 2d 906 · 2D05-2582-2 · 2nd DCA 2006
· cited by 6 in all courts
…pending adoption does not apply to cases, such as this, where the father has failed to comply with the registration requirements of section 63.062. See § 63.089(3). 2 Section 63.089(3) provides that “[t]he court may enter a judgment terminating parental rights pending adoption if the court determines by clear and…
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D.M. v. M.D. 247 So. 3d 713 · 5D18-473-2 · 5th DCA 2018
· cited by 1 in all courts
…with M.D. would be harmful to the children and, for this reason, termination of M.D.'s parental rights would be in the best interests of the children. See § 63.089(4)(b)1. & 3., Fla. Stat. (2015). Following an evidentiary hearing, the trial court denied D.M.'s petition. 1 As D.M. correctly observes, the trial court's order…
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D.M. v. M.D. 5D18-473 · 5th DCA 2018
…be harmful to the children and, for this reason, termination of M.D.’s parental rights would be in the best interests of the children. See § 63.089(4)(b)1. & 3., Fla. Stat. (2015). Following an evidentiary hearing, the trial court denied D.M.’s petition.1 As D.M. correctly observes, the trial court’s…
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S.M.K. v. S.L.E. 238 So. 3d 925 · 5D17-1751 · 5th DCA 2018
· cited by 1 in all courts
…persons is required before an adoption petition may be granted. See § 63.062(1), Fla. Stat. (2016). Nonetheless, a finding of abandonment under section 63.089(3) waives the consent requirement of any persons under section 63.062(1). See id. § 63.089(3)-(4); see also J.C.J. v. Heart of Adoptions, Inc. , 989…
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S.M.K. v. S.L.E. 5D17-1751-2 · 5th DCA 2018
…persons is required before an adoption petition may be granted. See § 63.062(1), Fla. Stat. (2016). Nonetheless, a finding of abandonment under section 63.089(3) waives the consent requirement of any persons under section 63.062(1). See id. § 63.089(3)–(4); see also J.C.J. v. Heart of Adoptions, Inc., 989 So. 2d 32,…
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C.D.F. v. D.R. 2D21-0652 · 2nd DCA 2022
Dismissal of the permanent guardians' Chapter 63 termination petition was reversed because the dependency court's retained jurisdiction did not oust the domestic relations division.
…their petition to terminate the parental rights (TPR) of the minor child's birth parents, D.S. (the Mother) and D.R. (the Father), pending adoption. See § 63.089, Fla. Stat. (2020). We have jurisdiction. See Fla. R. App. P. 9.030(b)(1)(A). The court's domestic relations division dismissed the petition for lack…
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Y.M. v. Home At Last Adoption Agency 93 So. 3d 1112 · 5D12-264 · 5th DCA 2012
· cited by 2 in all courts
…He contends that after making such a finding, the court had no choice but to dismiss the petition. We agree. The pertinent part of chapter 63 provides: 63.089. Proceeding to terminate parental rights pending adoption; hearing; grounds; dismissal of petition; judgment.— [[Image here]] (5) DISMISSAL OF PETITION. —…
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J.C.J. v. Heart of Adoptions, Inc. 989 So. 2d 32 · 2D07-2679 · 2nd DCA 2008
· cited by 4 in all courts
…issue remaining as to J.C.J. was whether his parental rights should be terminated because of his abandonment of the child. See Id. at 202 (citing §§ 63.089, 63.064(1), 63.032(1), Fla. Stat. (2005)). [1] Our review of the record reflects that J.C.J. had ample opportunity to challenge the termination of his…
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S.D.T. v. Bundle of Hope Ministries, Inc. 949 So. 2d 1132 · 1D06-2137 · 1st DCA 2007
· cited by 1 in all courts
…order denying appellant's motions, we consider the court implicitly found, by addressing the motions on their merits and tracking the provisions of section 63.089(4), Florida Statutes (2005), relating to a father's abandonment of his child, that appellant's status in such regard had been established during the later…
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In re Adoption of K.A.G. 152 So. 3d 1271 · 5D14-2751 · 5th DCA 2014
· cited by 5 in all courts
…findings that it was obtained by fraud or duress, which was not alleged. Father stated that the court misapplied the burden of proof. Pursuant to section 63.089, Florida Statutes (2013), the court should have applied the clear and convincing evidence standard only to determine whether Father had executed a valid…
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Heart of Adoptions, Inc. v. J.A. 963 So. 2d 189 · SC07-738 · Florida Supreme Court 2007
· cited by 114 in all courts
…he might be the father of the child. In addition, the petition alleged physical and financial abandonment of the birth mother and child pursuant to sections 63.089, 63.064(1) and 63.032(1), Florida Statutes (2005). The petition also alleged the following: that J.A.'s consent to the adoption was not required or should…
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In re Adoption of Baby A. 944 So. 2d 380 · 2D05-3614 · 2nd DCA 2006
· cited by 6 in all courts
…unmarried biological father such as A.S. as a "non-parent" who has no established rights requiring termination is further demonstrated in sections 63.088 and 63.089. These statutes describe the proceedings to terminate parental rights pending adoption, including provisions regarding who should receive notice and the…
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J.S. v. S.A. 912 So. 2d 650 · 4D05-156 · 4th DCA 2005
…a valid consent under section 63.082, Florida Statutes, and that the consent was obtained according to the requirements of Chapter 63. See Fla. Stat. § 63.089 (3)(a)(2004). A minor mother may consent to the adoption of her child and relinquish control or custody of the child to an adoption entity. See §…
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J.S. v. S.A. 912 So. 2d 650 · 4D05-156-2 · 4th DCA 2005
· cited by 11 in all courts
…a valid consent under section 63.082, Florida Statutes, and that the consent was obtained according to the requirements of Chapter 63. See Fla. Stat. § 63.089 (3)(a)(2004). A minor mother may consent to the adoption of her child and relinquish control or custody of the child to an adoption entity. See §…
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D.C. v. In re the Matter of the adoption of N.L.W. 1D2023-1725 · 1st DCA 2024
…1st DCA 2022))). A finding of abandonment requires clear and convincing evidence that the parent abandoned the child, as defined in section 63.032. § 63.089(3)(e), Fla. Stat. And section 63.089(4) identifies additional factors for the trial court to consider when making an abandonment determination. After a careful…
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N.A.G. v. J.L.G. 2D16-1441 · 2nd DCA 2016
…determines by clear and convincing evidence supported by written findings of fact that the parent has been given notice and has abandoned the child. See § 63.089(3)(e). "Abandonment" is defined as a situation in which the parent or person having legal custody of a child, while being able, makes…
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N.A.G. v. J.L.G. 198 So. 3d 1025 · 2D16-1441-2 · 2nd DCA 2016
· cited by 2 in all courts
…determines by clear and convincing evidence supported by written findings of fact that the parent has been given notice and has abandoned the child. See § 63.089(3)(e). “Abandonment” is defined as a situation in which the parent or person haying legal custody of a child, while being able, makes little or no provision for…
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Home at Last Adoption Agency, Inc. v. V.M. 126 So. 3d 1236 · 5D12-3732 · 5th DCA 2013
· cited by 2 in all courts
…filed a motion for rehearing in which he argued that the court’s adjudication of the child as dependent was improper. In support, Appellee cited section 63.089(5), Florida Statutes (2010), 1 which provides: If the court does not find by clear and convincing evidence that parental rights of a parent should be…
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J.Q. v. E.B. 23 So. 3d 1282 · 4D09-2683 · 4th DCA 2010
…father is in prison. Although the trial judge made a legal error in focusing on section 39.806(l)(d)l, Florida Statutes (2008), to interpret section 63.089(4), Florida Statutes (2008), we find the error to be harmless. The judge found no abandonment by the biological father on a number of grounds. The significance…
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J.H. v. K.D.M. 8 So. 3d 372 · 5D07-3688 · 5th DCA 2009
…they are matters to be resolved by the trial court on remand. [2] The grounds for termination of parental rights pending adoption are contained in section 63.089(3), Florida Statutes. A trial court's determination that there are grounds for termination must be made by clear and convincing evidence, supported by written…
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J.H. v. K.D.M. 8 So. 3d 372 · 5D07-3688-2 · 5th DCA 2009
· cited by 1 in all courts
…they are matters to be resolved by the trial court on remand. . The grounds for termination of parental rights pending adoption are contained in section 63.089(3), Florida Statutes. A trial court’s determination that there are grounds for termination must be made by clear and convincing evidence, supported by written…
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M.A.F. v. E.J.S. 917 So. 2d 236 · 5D04-4130 · 5th DCA 2005
· cited by 8 in all courts
…with this section: . . . 2. Whether the person alleged to have abandoned the child, while being able, failed to provide financial support; § 63.089(4)(a)(2), Fla. Stat. (2004) (emphasis added). The Act defines the term "abandoned" as follows: (1) "Abandoned" means a situation in which the parent or person having…
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Gift of Life Adoptions v. S.R.B. 252 So. 3d 788 · 2D18-0100 · 2nd DCA 2018
· cited by 2 in all courts
…is an adoption agency that is endeavoring to facilitate a baby's adoption by a prospective couple. As part of the adoption process, pursuant to section 63.089, Florida Statutes (2017), GLA initiated the underlying action to terminate the parental rights of the baby's biological parents. The biological mother of…
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M.M. v. K.P. 2D16-4982 · 2nd DCA 2017
…The summons recited the hearing judge's name and phone number and concluded with this warning written in all-caps: Under sections 63.087 and 63.089, Florida Statutes, failure to timely file a written response to this notice and the petition with the court and to personally…
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M.M. v. K.P. 228 So. 3d 718 · 2D16-4982-2 · 2nd DCA 2017
· cited by 2 in all courts
…the hearing. The summons recited the hearing judge’s name and phone number and concluded with this warning written in all-caps: Under sections 63.087 and 63.089, Florida Statutes, failure to timely file a written response to this notice and the petition with the court and to personally appear at this hearing scheduled…
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Children's Home Society of Florida v. V.D. 188 So. 3d 920 · 1D16-0021 · 1st DCA 2016
…the date she signed a consent for adoption 'or if he was not located because the mother failed or refused to provide sufficient information to locate him.” § 63.089, Fla. Stat. (2015); see also id. § 63.022 (providing that unmarried biological father’s interests “acquire[ ] constitutional protection only when he…
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D.M. v. Berkowitz 112 So. 3d 575 · 4D13-3 · 4th DCA 2013
…so that he can defend his paternity rights. The adoption entity objected to his access to the file, relying on the confidentiality provision of section 63.089(8), Florida Statutes, which provides: All papers and records pertaining to a petition to terminate parental rights pending adoption are related to the…
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S.C. v. Gift of Life Adoptions 100 So. 3d 774 · 2D12-1757 · 2nd DCA 2012
· cited by 2 in all courts
…a finding of abandonment independently supports the granting of the petition. Furthermore, this finding was made after S.C. was appointed counsel. See § 63.089(3)(e). Thus, the termination of his parental rights was made on a proper ground after S.C.’s due process rights were protected. We therefore must affirm the order…
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M.S.B. v. R.B. 93 So. 3d 532 · 5D11-4487 · 5th DCA 2012
· cited by 1 in all courts
…the termination of his parental *533 rights and the subsequent adoption by the stepfather. AFFIRMED. ORFINGER, C.J., and TORPY, J., concur. . Section 63.089(4)(b), Florida Statutes (2011), provides that where a parent is or will be incarcerated for a significant period of a child's minority, the child is deemed to have…
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D.T.S. v. J.M. 33 So. 3d 106 · 1D09-4395 · 1st DCA 2010
…of parental rights pending adoption when the parents have executed written consent that complies with section 63.082, Florida Statutes (2009). Section 63.089, Florida Statutes (2009), permits the circuit court to terminate parental rights pending adoption when it has determined by clear and convincing evidence that…
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D.T.S. v. J.M. 33 So. 3d 106 · 1D09-4395-2 · 1st DCA 2010
· cited by 1 in all courts
…of parental rights pending adoption when the parents have executed written consent that complies with section 63.082, Florida Statutes (2009). Section 63.089, Florida Statutes (2009), permits the circuit court to terminate parental rights pending adoption when it has determined by clear and convincing evidence that…
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Department of Children & Family Services v. P.S. 932 So. 2d 1195 · 1D05-4421 · 1st DCA 2006
· cited by 6 in all courts
Adoption by an out-of-state grandmother reversed because the court skipped DCF's consent, an unreasonably-withheld finding, and the required favorable preliminary adoptive home study.
…termination of parental rights pending adoption provided in s. 63.088; and procedures for terminating parental rights pending adoption provided in s. 63.089. The children's parental rights were terminated by judgment entered pursuant to chapter 39, Florida Statutes. Thus, by the *1199 express terms of section…
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A.D. v. M.D.M. 920 So. 2d 857 · 4D05-2935 · 4th DCA 2006
· cited by 2 in all courts
…number because the file is confidential. The confidentiality of papers and records in termination and adoption proceedings is protected by statute. See § 63.089(8), Fla. Stat., as to termination proceedings, and § 63.162(2), Fla. Stat., as to adoption proceedings. Section 63.162(2) and (4) provide, in pertinent part: …
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M.G.C. v. M.C. 899 So. 2d 486 · 2D04-1026 · 2nd DCA 2005
· cited by 4 in all courts
…is incarcerated, failed to appear telephonically at the summary judgment hearing, and the Father’s actions supported a finding of abandonment under section 63.089(3)(d), Florida Statutes (2002). On rehearing from its summary judgment order, however, the trial court acknowledged that the Father’s failure to appear was due to…
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Amendments to Florida Supreme Court Approved Family Law Forms-Stepparent Adoption Forms 832 So. 2d 684 · SC02-516-2 · Florida Supreme Court 2002
…be transferred to the county in which you reside. You may object by appearing at the-hearing or filing a written objection with the court. UNDER SECTION 63.089, FLORIDA STATUTES, FAILURE TO FILE A WRITTEN RESPONSE TO THIS NOTICE WITH THE COURT OR TO APPEAR AT THIS HEARING CONSTITUTES GROUNDS UPON WHICH THE COURT…
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Amendments to Florida Supreme Court Approved Family Law Forms—Stepparent Adoption Forms 821 So. 2d 263 · SC02-516 · Florida Supreme Court 2002
· cited by 1 in all courts
…be transferred to the county in which you reside. You may object by appearing at the hearing or filing a written objection with the court. UNDER SECTION 63.089, FLORIDA STATUTES, FAILURE TO FILE A WRITTEN RESPONSE TO THIS NOTICE WITH THE COURT OR TO APPEAR AT THIS HEARING CONSTITUTES GROUNDS UPON WHICH THE COURT…
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(1) HEARING. — The court may terminate parental rights pending adoption only after a hearing.
(2) HEARING PREREQUISITES. — The court may hold the hearing only when:
(a) For each person whose consent to adoption is required under s. 63.062:
1. A consent under s. 63.082 has been executed and filed with the court;
2. An affidavit of nonpaternity under s. 63.082 has been executed and filed with the court;
4. The certificate from the Office of Vital Statistics has been provided to the court stating that a diligent search has been made of the Florida Putative Father Registry created in s. 63.054 and that no filing has been found pertaining to the father of the child in question or, if a filing is found, stating the name of the putative father and the time and date of the filing.
(b) For each notice and petition that must be served under ss. 63.087 and 63.088:
1. At least 20 days have elapsed since the date of personal service and an affidavit of service has been filed with the court;
2. At least 30 days have elapsed since the first date of publication of constructive service and an affidavit of service has been filed with the court; or
3. An affidavit of nonpaternity, consent for adoption, or other document that affirmatively waives service has been executed and filed with the court.
(c) The minor named in the petition has been born.
(3) GROUNDS FOR TERMINATING PARENTAL RIGHTS PENDING ADOPTION. — The court may enter a judgment terminating parental rights pending adoption if the court determines by clear and convincing evidence, supported by written findings of fact, that each person whose consent to adoption is required under s. 63.062:
(a) Has executed a valid consent under s. 63.082 and the consent was obtained according to the requirements of this chapter;
(b) Has executed an affidavit of nonpaternity and the affidavit was obtained according to the requirements of this chapter;
(c) Has been served with a notice of the intended adoption plan in accordance with the provisions of s. 63.062(3) and has failed to respond within the designated time period;
(d) Has been properly served notice of the proceeding in accordance with the requirements of this chapter and has failed to file a written answer or personally appear at the evidentiary hearing resulting in the judgment terminating parental rights pending adoption;
(e) Has been properly served notice of the proceeding in accordance with the requirements of this chapter and has been determined under subsection (4) to have abandoned the minor;
(f) Is a parent of the person to be adopted, which parent has been judicially declared incapacitated with restoration of competency found to be medically improbable;
(g) Is a person who has legal custody of the person to be adopted, other than a parent, who has failed to respond in writing to a request for consent for a period of 60 days or, after examination of his or her written reasons for withholding consent, is found by the court to be withholding his or her consent unreasonably;
(h) Has been properly served notice of the proceeding in accordance with the requirements of this chapter, but has been found by the court, after examining written reasons for the withholding of consent, to be unreasonably withholding his or her consent; or
(i) Is the spouse of the person to be adopted who has failed to consent, and the failure of the spouse to consent to the adoption is excused by reason of prolonged and unexplained absence, unavailability, incapacity, or circumstances that are found by the court to constitute unreasonable withholding of consent.
(4) FINDING OF ABANDONMENT. — A finding of abandonment resulting in a termination of parental rights must be based upon clear and convincing evidence that a parent or person having legal custody has abandoned the child in accordance with the definition contained in s. 63.032. A finding of abandonment may also be based upon emotional abuse or a refusal to provide reasonable financial support, when able, to a birth mother during her pregnancy or on whether the person alleged to have abandoned the child, while being able, failed to establish contact with the child or accept responsibility for the child’s welfare.
(a) In making a determination of abandonment at a hearing for termination of parental rights under this chapter, the court shall consider, among other relevant factors not inconsistent with this section:
1. Whether the actions alleged to constitute abandonment demonstrate a willful disregard for the safety or welfare of the child or the unborn child;
2. Whether the person alleged to have abandoned the child, while being able, failed to provide financial support;
3. Whether the person alleged to have abandoned the child, while being able, failed to pay for medical treatment; and
4. Whether the amount of support provided or medical expenses paid was appropriate, taking into consideration the needs of the child and relative means and resources available to the person alleged to have abandoned the child.
(b) The child has been abandoned when the parent of a child is incarcerated on or after October 1, 2001, in a federal, state, or county correctional institution and:
1. The period of time for which the parent has been or is expected to be incarcerated will constitute a significant portion of the child’s minority. In determining whether the period of time is significant, the court shall consider the child’s age and the child’s need for a permanent and stable home. The period of time begins on the date that the parent enters into incarceration;
2. The incarcerated parent has been determined by a court of competent jurisdiction to be a violent career criminal as defined in s. 775.084, a habitual violent felony offender as defined in s. 775.084, convicted of child abuse as defined in s. 827.03, or a sexual predator as defined in s. 775.21; has been convicted of first degree or second degree murder in violation of s. 782.04 or a sexual battery that constitutes a capital, life, or first degree felony violation of s. 794.011; or has been convicted of a substantially similar offense in another jurisdiction. As used in this section, the term “substantially similar offense” means any offense that is substantially similar in elements and penalties to one of those listed in this subparagraph, and that is in violation of a law of any other jurisdiction, whether that of another state, the District of Columbia, the United States or any possession or territory thereof, or any foreign jurisdiction; or
3. The court determines by clear and convincing evidence that continuing the parental relationship with the incarcerated parent would be harmful to the child and, for this reason, termination of the parental rights of the incarcerated parent is in the best interests of the child.
(5) DISMISSAL OF PETITION. — If the court does not find by clear and convincing evidence that parental rights of a parent should be terminated pending adoption, the court must dismiss the petition and that parent’s parental rights that were the subject of such petition shall remain in full force under the law. The order must include written findings in support of the dismissal, including findings as to the criteria in subsection (4) if rejecting a claim of abandonment.
(a) Parental rights may not be terminated based upon a consent that the court finds has been timely revoked under s. 63.082 or a consent to adoption or affidavit of nonpaternity that the court finds was obtained by fraud or duress.
(b) The court must enter an order based upon written findings providing for the placement of the minor, but the court may not proceed to determine custody between competing eligible parties. The placement of the child should revert to the parent or guardian who had physical custody of the child at the time of the placement for adoption unless the court determines upon clear and convincing evidence that this placement is not in the best interests of the child or is not an available option for the child. The court may not change the placement of a child who has established a bonded relationship with the current caregiver without providing for a reasonable transition plan consistent with the best interests of the child. The court may direct the parties to participate in a reunification or unification plan with a qualified professional to assist the child in the transition. The court may order scientific testing to determine the paternity of the minor only if the court has determined that the consent of the alleged father would be required, unless all parties agree that such testing is in the best interests of the child. The court may not order scientific testing to determine paternity of an unmarried biological father if the child has a father as described in s. 63.088(4)(a)-(d) whose rights have not been previously terminated. Further proceedings, if any, regarding the minor must be brought in a separate custody action under chapter 61, a dependency action under chapter 39, or a paternity action under chapter 742.
(6) JUDGMENT TERMINATING PARENTAL RIGHTS PENDING ADOPTION. —
(a) The judgment terminating parental rights pending adoption must be in writing and contain findings of fact as to the grounds for terminating parental rights.
(b) Within 7 days after filing, the court shall mail a copy of the judgment to the department. The clerk shall execute a certificate of the mailing.
(c) The judgment terminating parental rights pending adoption legally frees the child for subsequent adoption, adjudicates the child’s status, and may not be challenged by a person claiming parental status who did not establish parental rights before the filing of the petition for termination, except as specifically provided in this chapter.
(7) RELIEF FROM JUDGMENT TERMINATING PARENTAL RIGHTS. —
(a) A motion for relief from a judgment terminating parental rights must be filed with the court originally entering the judgment. The motion must be filed within a reasonable time, but not later than 1 year after the entry of the judgment. An unmarried biological father does not have standing to seek relief from a judgment terminating parental rights if the mother did not identify him to the adoption entity before the date she signed a consent for adoption or if he was not located because the mother failed or refused to provide sufficient information to locate him.
(b) No later than 30 days after the filing of a motion under this subsection, the court must conduct a preliminary hearing to determine what contact, if any, shall be permitted between a parent and the child pending resolution of the motion. Such contact shall be considered only if it is requested by a parent who has appeared at the hearing and may not be awarded unless the parent previously established a bonded relationship with the child and the parent has pled a legitimate legal basis and established a prima facie case for setting aside the judgment terminating parental rights. If the court orders contact between a parent and child, the order must be issued in writing as expeditiously as possible and must state with specificity any provisions regarding contact with persons other than those with whom the child resides.
(c) At the preliminary hearing, the court, upon the motion of any party or upon its own motion, may order scientific testing to determine the paternity of the minor if the person seeking to set aside the judgment is alleging to be the child’s father and that fact has not previously been determined by legitimacy or scientific testing. The court may order visitation with a person for whom scientific testing for paternity has been ordered and who has previously established a bonded relationship with the child.
(d) Unless otherwise agreed between the parties or for good cause shown, the court shall conduct a final hearing on the motion for relief from judgment within 45 days after the filing and enter its written order as expeditiously as possible thereafter.
(e) If the court grants relief from the judgment terminating parental rights and no new pleading is filed to terminate parental rights, the placement of the child should revert to the parent or guardian who had physical custody of the child at the time of the original placement for adoption unless the court determines upon clear and convincing evidence that this placement is not in the best interests of the child or is not an available option for the child. The court may not change the placement of a child who has established a bonded relationship with the current caregiver without providing for a reasonable transition plan consistent with the best interests of the child. The court may direct the parties to participate in a reunification or unification plan with a qualified professional to assist the child in the transition. The court may not direct the placement of a child with a person other than the adoptive parents without first obtaining a favorable home study of that person and any other persons residing in the proposed home and shall take whatever additional steps are necessary and appropriate for the physical and emotional protection of the child.
(8) RECORDS; CONFIDENTIAL INFORMATION. — All papers and records pertaining to a petition to terminate parental rights pending adoption are related to the subsequent adoption of the minor and are subject to s. 63.162. An unmarried biological father does not have standing to seek the court case number or access the court file if the mother did not identify him to the adoption entity before the date she signed the consent for adoption. The confidentiality provisions of this chapter do not apply to the extent information regarding persons or proceedings is made available as specified under s. 63.088.
History. s. 18, ch. 2001-3; s. 19, ch. 2003-58; s. 13, ch. 2004-371; s. 14, ch. 2008-151; s. 17, ch. 2012-81; s. 17, ch. 2016-24; s. 17, ch. 2017-37; s. 9, ch. 2017-107; s. 8, ch. 2024-71; s. 22, ch. 2025-156.